I’m sure Holder and his allies will say that they never intended to prosecute Rosen, but that’s 1) not the point and 2) even worse. If that’s their defense, they knowingly lied to the judge who would, hopefully, reject the request if they admitted it was just a fishing expedition for information.

They’re stuck. Either he (by signing the request for the records) lied to the judge or Holder lied directly to Congress.